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  • Hermione
    09-25 01:45 PM

    How to know if name check has been done. Is there a number to call to confirm NC clearance?.

    We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know

    Name check and fingerprint check are different. Fingerprints are generally getting cleared next day. Not the same with namecheck.

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  • SGP
    10-28 11:24 AM
    Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
    Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.

    The threat was verbal, I do not have any paper trail. I know that 2 of the 4 colleagues have already signed the agreement. I do not know about the other 2 as they are the owners close blood relation.

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  • gc@waiting
    07-25 06:17 AM
    Can someone shed some light as to what exactly are the things checked and the steps in 140 processing? Is it one's education credentials or employer history and/or ability to employ/pay etc?

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  • caydee
    03-07 11:53 AM
    This is not a big issue. Find out from local hospitals how much they charge for all delivery options and sign a contract with a hospital most convenient to you. They normally would accept monthly payments through the child birth. Also discuss post-birth mother and child health checks and shots. I would first look for an University Hospital in the area.


    My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.

    Any idea how to get insurance for her ?

    Really appreciate your help ..



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  • number30
    10-31 04:06 PM
    Hello Number30,

    For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.

    You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.

    Yes I thought the same.
    I am asking this because i did a tax return for one of my friend. He got EIC. But Questionire is not asking for residency status. But was asking like Were you a U.S. citizen or resident alien for all of year?
    That year he was laid off and had very little income So he took the money.

    Hope he will not have any trouble.

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  • kondur_007
    08-03 02:17 PM
    Great idea. edited the signature.


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  • SkilledWorker4GC
    07-17 03:31 PM
    According to your profile it took you less than a year to get your GC and you call that a Long Wait. :rolleyes: People here stuck for 10 years.

    Your question is too confusing otherwise i would have answered as here on IV we are very generous even to the people who doesnt care about us.

    Anyways hiring a lawyer and paying some money would be a better place to get a right answer.

    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?

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  • drirshad
    11-14 03:01 AM
    You need exp letter before filing 140 or 485 so don't worry anymore, checkout the following website get your salary you deserve a lot more than he owes ......


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  • bimboywade
    11-13 10:04 AM
    No more "status changes" e.g. f1->h1, L1->h1,even h4->h1 is allowed. Only Extensions are allowed in Mexico..

    The USCIS site clearly states :

    Who Can Apply in Mexico

    * Applicants seeking to renew their visa in any category except B1/2 (tourist/business), if the initial visa was issued in the applicant's home country.

    Also Note(in blue font):

    Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States.

    I'd rather prefer Canada for stamping(if these rules dont apply there) .

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  • kishore0302
    08-06 04:53 PM
    DDash ,

    Nothing to worry. We will be fine. I also sent my wife's 485 application on july 31, 2008 ( reached to NSC on Aug 1, 2008) .Check was deposited and cleared yesterday.

    you will see your wife's check clearence today or tomorrow.

    any way, Congrats...


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  • desi3933
    03-15 06:59 AM
    Thanks coopheal, desi3933.

    But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.


    Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).

    Not a legal advice.
    US citizen of Indian origin

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  • Jelena
    07-14 07:16 AM
    Regardless of the nature of the outcome from USCIS, I think we should all take 5-10 minutes out of our busy lives and all the "predicting" and dash off a quick note of thanks to Congresswoman Lofgren

    Couldn't agree more. I will be sending her a personal Thank You card today. Flowers might not be quite appropriate, especially so shortly after the recent "flower campaign". :)


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  • Blog Feeds
    10-15 06:30 PM
    [Federal Register: October 6, 2009 (Volume 74, Number 192)]
    [Rules and Regulations]
    [Page 51236-51237]
    From the Federal Register Online via GPO Access []


    22 CFR Part 41

    [Public Notice: 6779]

    Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended; Requirements for Aliens in Religious Occupations

    AGENCY: State Department.

    ACTION: Final rule.


    SUMMARY: To comply with the Department of Homeland Security regulation requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. This rule establishes the requirement that consular officers ensure that R-1 visa applicants have obtained an approved U.S. Citizenship and Immigration Services Form I- 129 petition from the Department of Homeland Security before issuance of a visa.

    DATES: This rule is effective October 6, 2009.

    FOR FURTHER INFORMATION CONTACT: Lauren A. Prosnik, Legislation and Regulations Division, Visa Services, Department of State, 2401 E Street, NW., Room L-603D, Washington, DC 20520-0106, (202) 663-2951.


    Why is the Department promulgating this rule?

    On November 26, 2008, the Department of Homeland Security (DHS) promulgated regulations requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. 73 FR 72276. As a result, the requirements for an R-1 nonimmigrant visa now include establishing that the applicant is the beneficiary of an approved petition. U.S. Citizenship and Immigration Services (USCIS) has implemented the petition requirement for nonimmigrant religious workers as a way to determine the bona fides of a petitioning religious organization located in the United States and to determine that a religious worker will be admitted to the United States to work for a specific religious organization at the request of that religious organization. This rule amends the Department regulations to ensure consistency with the regulations set forth by DHS.

    Regulatory Findings

    Administrative Procedure Act

    This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

    Regulatory Flexibility Act/Executive Order 13272: Small Business

    Because this final rule is exempt from notice and comment rulemaking under 5 U.S.C. 553, it is exempt from the regulatory flexibility analysis requirements set forth at sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities. This regulates individual aliens who seek consideration for R-1 nonimmigrant visas and does not affect any small entities, as defined in 5 U.S.C. 601(6).

    The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments.

    The Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104- 121. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign based companies in domestic and import markets.

    Executive Order 12866

    The Department of State has reviewed this proposed rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866 and has determined that the benefits of this final regulation justify its costs. The Department does not consider this final rule to be an economically significant action within the scope of section 3(f)(1) of the Executive Order since it is not likely to have an annual effect on the economy of $100 million or more or to adversely affect in a material way the economy, a sector of the economy, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities.

    Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Nor will the rule have federalism implications warranting the application of Executive Orders No. 12372 and No. 13132.

    Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulations in light of sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

    Paperwork Reduction Act

    This rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

    [[Page 51237]]

    List of Subjects in 22 CFR Part 41

    Aliens, Foreign officials, Immigration, Nonimmigrants, Passports and Visas.

    For the reasons stated in the preamble, the Department of State amends 22 CFR Part 41 as follows:

    PART 41--[AMENDED]

    1. The authority citation for part 41 continues to read as follows:

    Authority: 8 U.S.C. 1104; Public Law 105-277, 112 Stat. 2681- 795 through 2681-801; 8 U.S.C.1185 note (section 7209 of Pub. L. 108-458, as amended by section 546 of Pub. L. 109-295).

    2. Revise Sec. 41.58 to read as follows:

    Sec. 41.58 Aliens in religious occupations.

    (a) Requirements for ``R'' classification. An alien shall be classifiable under the provisions of INA 101(a)(15)(R) if:

    (1) The consular officer is satisfied that the alien qualifies under the provisions of that section; and

    (2) With respect to the principal alien, the consular officer has received official evidence of the approval by USCIS of a petition to accord such classification or the extension by USCIS of the period of authorized stay in such classification; or

    (3) The alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien.

    (b) Petition approval. The approval of a petition by USCIS does not establish that the alien is eligible to receive a nonimmigrant visa.

    (c) Validity of visa. The period of validity of a visa issued on the basis of paragraph (a) to this section must not precede or exceed the period indicated in the petition, notification, or confirmation required in paragraph (a)(2) of this section.

    (d) Aliens not entitled to classification under INA 101(a)(15)(R). The consular officer must suspend action on the alien's application and submit a report to the approving USCIS office if the consular officer knows or has reason to believe that an alien applying for a visa under INA 101(a)(15)(R) is not entitled to the classification as approved.

    Dated: September 24, 2009.
    Janice L. Jacobs,
    Assistant Secretary for Consular Affairs, Department of State.
    [FR Doc. E9-24089 Filed 10-5-09; 8:45 am]
    BILLING CODE 4710-06-P

    More... (

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    07-13 10:53 PM
    I would recommend sending a letter of thanks for support on this issue. I do not know if flowers a great idea.


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  • manand24
    08-03 12:20 PM
    After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.

    On this status you have 2 options to be able to work:
    1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
    Please note that if you use EAD, you HAVE TO use AP for travel.

    2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.

    You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.

    Good luck

    From what I have heard, you can be on H1B and still use AP to come back into the US. No need to get a Visa stamping for the H1B to travel.

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  • morchu
    05-05 02:02 PM
    Yes. This is probably one of the simplest RFE's to reply. Other members have provided enough details on what to include. Some more documents I can think of are:
    Dependent Medical Insurance, Joint Auto Insurance, Joint lease/mortgage agreement (joint residence), flight tickets of vacation trips together.

    Dont worry if you dont have "all" of the mentioned documents. I hear that USCIS attaches a barcode sticker for the reply, and having this makes them easier to track your reply.


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  • MatsP
    July 28th, 2005, 12:33 AM
    With your requirements, wihtout knowing more about what type of photography you're actually interested in, I'd say the Canon Rebel XT (EOS 350D) would be a good match with plenty of money to spare on buying some nice lenses. Nikon D70 is another option, in rougly the same price-range.

    One step up from the Rebel XT is the 20D. The 20D has the same sensor and other major features, but it's got a bigger buffer and is slightly faster on "multishot", so if you're into shooting fast sequences, that would be the way to go. You're looking at the better part of a grand to buy the 20D house only, so unless you're particularly after this feature, there's little reason to go for the 20D, the XT will do everything else just fine.

    When it comes to "Upgrading to professional", I think you'll find that the Canon and Nikon both have a range of lenses, and a few camera bodies. The camera body will be one side of "how professional" the equipment is, and the lenses will be the other side. The general principle here is that you can easily spend 3-4 times more on lenses than you do on the camera body, so lenses are probably going to be your major outlay in the long term, whether you are an amateur, professional or in-between. [I for instance have a few "professional" lenses, but not all of my lenses are that level, and I don't own a pro camera body].

    I don't think Canon or Nikon are about to change anything dramatically that would break the backwards compatibility, so whatever you buy today, you should be able to use for a long time. [I've still got some lenses that I bought about 15-20 years ago].


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  • jsb
    08-13 09:26 PM
    EB2 India
    PD 5/2004
    I-140 approved 6/2006 TSC
    I-485 delivered Jul 2, NSC
    LUD on I-140 7/28/2007
    No receipts or check cashing yet


    My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????

    So I guess the LUD change is nothing relevant to I-485 filing.

    Thanks & Regds

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  • krishna_brc
    05-21 01:20 PM
    i did it myself too..pretty straightforward..they hv all info on their website..

    Hi Pandya,
    Can you please provide their website link. I appreciate your help.


    10-30 03:00 PM
    Please contact CIS Ombudsman office with Scaned copy of Delivery Receipt(USPS/FedEx/UPS) @

    Also signup for his Nov 2nd coference call.

    Last but not least, write to your congressman/senator/director NSC/Joint-Intake

    Thank you.

    12-05 12:22 PM
    If anyone stuck in greencards namechecks wants to contact ACLU about it to include GC namecheck issue in it, they can do so.

    Here are the contact details:
    President of the ACLU
    Their general feedback form
    You can search for your local ACLU contact:

    ACLU Immigrants rights project E-mail -

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